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Archive for ‘Substantive Law’

Israeli Consulate in the U.S. to Hold Public Press Conference via Twitter Today

According to JTA:

In what may be a first for any government the world over, the Consulate General of Israel in New York will be holding a public press conference about the war in Gaza via Twitter. On Tuesday, December 30 during the hours of 1-3 p.m. EST, David Saranga, Consul of Media and Public Affairs in New York, will answer questions written in by users of the popular Internet social messaging Web site.

To participate, create an account at Twitter.com and compose a message to user israelconsulate, including the keyword #AskIsrael in your tweets. For example:

. . . [more]
Posted in: Legal Information, Substantive Law, Technology

A Christmas Gift for Administrative Lawyers

December 30 update: OK, so this does seem like one of those topics only a confirmed law geek could love. But the Post (again) thinks the importance of the Court of Appeal’s decision to the general public is worth underlining in today’s editorial.

 

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The Ontario Court of Appeal, on December 24, released its long-awaited decision in the companion cases of Telezone v. Canada, G-Civil v. Canada, Fielding Chemical Technologies v. Canada, and McArthur v. Canada. Each of the four cases concerned a challenge to the jurisdiction of the Ontario Superior Court to . . . [more]

Posted in: Substantive Law

Vagueness and the Scope of Caselaw Databases

Caselaw databases are frequently described as being “comprehensive” collections of cases with the meaning of the word “comprehensive” left undefined. The exceptions, of course, are databases based on print series of law reports which are by definition “selective”.

Some but not all database providers do say that they have so many hundreds or so many thousands of judgments covering specific years or time periods. Some say nothing at all. A few provide further details of the number of decisions by court level but, in general, vagueness is the order of the day.

“Vagueness” is not an acceptable standard

Legal researchers . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Judicial Decisions

LLRX.com December 2008 Updates

On my must-read list are some of the LLRX.com articles for this month. The authors have put together some great resources. Here’s the line-up:

Neurolaw and Criminal Justice
Ken Strutin’s article highlights selected recent publications, news
sources and other online materials concerning the applications of
cognitive research to criminal law as well as basic information on the
science and technology involved. — Published December 28, 2008

Deep Web Research 2009
Marcus P. Zillman’s guide includes links to: articles, papers, forums,
audios and videos, cross database articles, search services and search
tools, peer to peer, file sharing, grid/matrix search engines,
presentations, . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Practice of Law, Substantive Law, Technology, Technology: Internet

2009 Strosberg Essay Prize

The 2009 Harvey T. Strosberg Essay Prize competition was announced earlier this month:

Harvey T. Strosberg, Q.C., Editor-in-Chief of the Canadian Class Action Review, and Irwin Law Inc. are pleased to announce the sixth annual Harvey T. Strosberg Essay Prize competition. The prize of $10,000 is awarded to an outstanding student paper on Canadian class actions.

The competition is open to all Canadian students enrolled in an undergraduate, graduate, or professional program. The deadline for submissions is 2 March 2009.

Please see the Irwin Law web page for details. . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law

Next Time Cite Slaw in Your Factum

Kevin O’Keefe recently discussed Digital Darwinism as it related to legal researchers, publishers and advertisers. The economic downturn, coupled with technological advances, has resulted in the demise of many major industries that have been the backbone of corporate America.

But O’Keefe also suggests another slightly troubling proposition,

Blogs will be widely cited in briefs and court decisions.

What better way to provide compelling arguments and establish binding precedent than sourcing articles with a milisecond publishing turnaround time?

There is obviously a broad variety of quality and depth in the legal blogosphere.

The credibility and authority of both the author and . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law, Technology

LCO Gears Up for New Year

The elves at the Law Commission of Ontario have been furiously pecking away at their keyboards to produce our next crop of consultation papers. John Hill has been putting the finishing touches to the Executive Summary for the pension division on marital breakdown final report (the text is in translation now), making it all shiny and bright.

Lauren Bates completed the next consultation paper for our older adults project and once translated, it will be distributed and appear on our website in the new year. We are experimenting with on-line comments for this consultation, along with the traditional submission format. . . . [more]

Posted in: Substantive Law

Privacy Commissioner to Release Guide on Social Networking at Work

According to their recent blog post, the Office of the Privacy Commissioner of Canada is expected to soon release guidelines to help employers draft policies for use of social networking sites in the workplace. The Office cites a recent study by Ryerson University that identified a digital divide between young Canadians who use social networks and their employers. The blog post explains:

…researchers found that, by and large, employers currently don’t have policies, guidelines or practices in place that govern the use of social networking sites in the workplace.

However, a small number of employers are starting to. So

. . . [more]
Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Technology

P.M. Harper Names Senate Appointments

According to the CBC, these 18 have been named to the Senate by Prime Minister Stephen Harper:

  • Former broadcaster Pamela Wallin
  • Olympian Nancy Greene Raine
  • CTV personality Mike Duffy
  • Former N.L. MP Fabian Manning.
  • N.S. lawyer Fred Dickson.
  • Stephen Greene, former deputy chief of staff to N.S. Premier Rodney MacDonald.
  • N.S. businessman Michael L. MacDonald.
  • Long-time New Brunswick MLA and cabinet minister Percy Mockler.
  • N.B. lawyer John D. Wallace.
  • National chief of the Congress of Aboriginal Peoples Patrick Brazeau.
  • Former Quebec MP and teacher Suzanne Fortin-Duplessis.
  • Director of Via Rail Canada Leo Housakos.
  • Former Quebec MNA Michel Rivard.
  • Nicole
. . . [more]
Posted in: Miscellaneous, Substantive Law

Why Is Privilege So Important Anyway?

The concept of solicitor-client privilege goes back at least 400 years in the common law, and is one of the most well established concepts of privilege in our legal system.

The Canadian Security Intelligence Service (CSIS) was recently caught listening and recording conversations with Mohamed Zeki Mahjoub and his lawyer since the Egyptian refugee and terrorism suspect was released on bail over a year and a half ago.

When challenged by Justice Carolyn Layden-Stevenson, CSIS lawyer Jim Mathieson agreed that any such recordings would stop, and records would be erased.

But other defence lawyers have now raised some very serious . . . [more]

Posted in: Practice of Law, Substantive Law

Access to Justice Network Guide to Prorogation

The Access to Justice Network, a public legal information network funded by the Alberta Law Foundation, recently posted material about the federal political crisis relating to prorogation that shook Parliament, the pundits and the people earlier this month.

Other recent material on the topic includes:

. . . [more]
Posted in: Substantive Law

Common Cases

I thought I’d take this opportunity to tap into Slaw’s coast-to-coast reach for a quick poll: how many courts across the country have created a rule/practice direction/notice to the profession that lists common cases and says they don’t have to be included in the case books filed by the parties? I was aware of such a list in Prince Edward Island, and I recently learned that such a practice has existed for some time in British Columbia and, more recently, before the Federal Court (though the current list appears to be limited to immigration matters). Where else? 

I . . . [more]

Posted in: Practice of Law, Substantive Law

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